WPMS/1447/2021
2021 Latest Caselaw 2666 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
             ON THE 28TH DAY OF JULY, 2021
                                BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (M/S) No. 1447 of 2021


 BETWEEN:

 Narayan Das.                                            ....Petitioner
       (By   Mr.    Abhishek     Verma    and     Mr.    Mahboob   Rahi,
       Advocates)


 AND:

 State of Uttarakhand and others.                   .....Respondents

       (By Mr. Vinod Nautiyal, Deputy Advocate General and Mr.
       Devesh      Ghildiyal,    Brief   Holder    for   the   State   of
       Uttarakhand)


                           JUDGMENT

Petitioner is aggrieved by the notice dated 13.07.2021 issued by Assistant Engineer IInd, Irrigation Division, Haldwani, whereby he has been asked to remove his shop, which has been erected over public land.

2. It is the contention of learned counsel for the petitioner that petitioner purchased the said shop on 09.02.2016 from one Shri Abid Raza Khan and is running his meat business from the said shop.

3. Learned counsel for the petitioner further submits that he cannot be asked to vacate the said shop without any notice or opportunity of being heard.

4. Having regard to the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioner to submit reply to the impugned notice dated 13.07.2021 within a period of two weeks from today. If such reply is submitted within the stipulated period, the Competent Authority shall consider petitioner's reply and pass appropriate order, in accordance with law, as early as possible; but, not later than four weeks' from the date of receipt of reply alongwith certified copy of this order.

5. For a period of six weeks or till decision is taken by the Competent Authority after receipt of petitioner's reply, whichever is earlier, status quo, qua the shop in question shall be maintained.

(MANOJ KUMAR TIWARI, J.) Arpan